Jane Mwakasungula v Katongo (HP 1398 of 2016) [2017] ZMHC 322 (6 April 2017)
The matter was struck out of the active cause list due to non-attendance by both parties, with liberty to restore within fourteen days, failing which the action stands dismissed.
Source-derived case information.
- Citation
- [2017] ZMHC 322
- Parties
- Plaintiff: Jane Mwakasungula; Defendant: Lawrence Katongo
- Court
- High Court of Zambia
- Jurisdiction
- Zambia
- Case Number
- HP 1398 of 2016
- Procedural Posture
- Civil / Ruling on Non Attendance/strike Out
- Outcome
- Struck out with liberty to restore within 14 days, otherwise dismissed
- Legal Topics
- Strike Out, Non Attendance, Restoration of Suit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jane Mwakasungula
Plaintiff
Lawrence Katongo
Defendant
Procedural Posture
Civil / Ruling on Non Attendance/strike Out
Legal Issues
- 1 Whether the suit should be struck out due to non-attendance by both parties
Ratio Decidendi
The matter was struck out of the active cause list due to non-attendance by both parties, with liberty to restore within fourteen days, failing which the action stands dismissed.
Court Disposition
Struck out with liberty to restore within 14 days, otherwise dismissed
Orders
- Matter struck out of active cause list
- Liberty to restore within 14 days from date of ruling
Full Case Text
Judgment text and source record
1 paragraphs
I IN THE HIGH COURT FOR ZAMBIA AT THE PRINCIPAL REGISTRY HOLDEN AT LUSAICA (Civil Jurisdiction) 2016/HP/1398 BETWEEN. JANE MWAKASUNGULA Gourd' OF /mem PRINCIPAL PLAINTIFF AND REGISTRY ............0 LAWRENCE KATONGO OX WOOL °S Fr1 DEFENDANT Before the Hon. Mr. Justice E. M. Sikazwe in Chambers. For the Plaintiff. (cid:9) N/A For the Defendant: N/A RULING LEGISLATION REFERRED TO: 1. Order 35 r 1 of Cap 27 of the High Court Act of the Laws of Zambia This action was commenced by way of Writ of Summons filed into Court on 15th July, 2016. The matter was scheduled for hearing on the 4th April, 2017 at 09:00 hours. On the said date, the parties did not attend court and no explanation was given for their absence. Conseque tly, I hereby order that this matter be struck out of the active cause list with Ii erty to be restored within Fourteen (14) days from the date hereof, failure to hich the action shall stand dismissed forthwith. Dated this (cid:9) ‘/.da 2017.